Uniforms and Conformity in the Hospital

It is standard in most Orthodox circles for Jewish women to wear skirts, not pants. There are two reasons behind this custom: tznius (based on an understanding of the Gemara in Pesachim that discusses how a woman should ride a horse) and the prohibition for one to wear clothing of the opposite gender. Being that pants were  traditionally worn by men, it may be prohibited for women to wear pants (and possibly even when tznius is not a concern such as in one’s own home). 

Many hospitals have dress codes such as scrubs or a specific type of scrub, and so we must consider the Halachic approach for a Jewish woman to wear scrub pants in the hospital. The first aspect of this question is to determine whether or not it is actually prohibited for a woman to wear pants. The Rashba rules that although many men shave their body, it is still prohibited because of Lo Yilbash; regardless of the fact that some people have sinned, this does not impact Halacha. However, there are two differences between the case that the Rashba discusses and ours. Firstly, pants are not inherently masculine in the way that shaving is feminine, and accordingly, it may not be impermeable to the changing times as shaving is. Secondly, we must determine whether the fact that a practice has become common among non-Jews, whose behaviors did not violate the Halacha. 

Additionally, some Authorities maintain that if one wears the clothing of the opposite gender for a utilitarian purpose, not to appear as the other gender, there is no Biblical prohibition. 

Finally, based on an opinion in Tosfos, R’ Yosef Engel ruled that unisex clothing was never prohibited to begin with. Accordingly, scrubs which were designed to be worn by both genders would not be prohibited by Lo Yilbash. 

This is a sensitive and multifaceted question, and in this essay, we did not examine the tznius aspect of the Shaila. One should be sure to ask their LOR before making any Halachic decisions. 


Adapted from medicalhalacha.org

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